Broadcaster Pat Kenny has stated that he will not allow nursing home developers Bartra enter the Kenny residential property in Dalkey in order to access a badger sett at the centre of a planning dispute.
Mr Kenny said that himself and his wife Kathy have lived in harmony with a badger family for 30 years and "are not about to collude in their destruction now".
"This is a private developer out to make a profit and we don't see why their ambition to make money should supersede the right of the wildlife protected under the law. It just doesn't make sense to us," the Newstalk presenter said.
"Since we have been here for over 30 years it has always been about conserving the environment around us. We planted native trees. We look after the environment as best we can," Mr Kenny added.
Mr Kenny said that Bartra proposed an artificial badger sett which he claims "simply do not work".
The radio presenter made the comments when asked to comment on new submissions lodged with An Bord Pleanála by Bartra’s planning consultants Thornton O’Connor Town Planning and solicitors McCann Fitzgerald, that focus mainly on the badger issue.
An Bord Pleanála is currently examining Bartra’s plans to construct a 104 bedroom nursing home on lands in Dalkey that border Mr Kenny’s home.
The case has come back before the board following local residents, including Mr Kenny, taking a successful High Court judicial review action against the appeals board grant of permission for the nursing home in July 2023.
The family have until 5.30pm tomorrow to respond to the new submissions and the presenter has confirmed that himself and his wife Kathy will be making a submission to the planning body.
Plans were first lodged by Bartra for the site on Ulverton Rd, Dalkey more than six years ago in October 2018
The plan was for an apartment scheme that the developers did not proceed with. However, plans were first lodged for the nursing home in January 2021.
The former RTÉ Late Late Show host said: "We are not against development - we have said that again and again and again but appropriate development and respectful development - that is all we have ever asked for."
He added: "The reality is that this is an inappropriate application for a site that should not be asked to bear a nursing home. Apart from the badgers - all the other issues still stand - overlooking, overbearing, narrow lane way, inadequate roadway."
On behalf of Bartra, Patricia Thornton of Thornton O’Connor Town Planning has told the board that a mitigation strategy for the badgers "will require the permanent closure of the bulk of the sett".
The sett could only be closed outside the breeding season from July to November and an artificial sett would have to be constructed six months in advance of the closure of the sett.
Badgers would be encouraged to use the artificial sett through food baiting with nuts and peanut butter coupled with monitoring using trail cameras.
Ms Thornton stated that the six page McCann Fitzgerald legal opinion contends that a badger sett may be destroyed provided that destruction is carried out pursuant to and in accordance with a grant of permission.
McCann Fitzgerald said that it would be wrong to conclude that the badger sett must be preserved intact in situ.
The submission by McCann Fitzgerald states that no licence is required for the destruction of the sett where planning permission provides for lawful authority for development that affects the sett.
Ms Thornton contended that the submission on the mitigation strategy for the badger sett and the McCann Fitzgerald opinion "provide clarity to the board that permission can be granted via suitable conditions to allow the development proceed on the subject site".
The consultant also said that the scheme will have no material impact on neighbouring residential amenity and cannot be considered to be overbearing, over-scaled or to cause material overlooking.
A decision is due on the application in April
